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INDONESIA
Jurnal Dinamika Hukum
Published by Universitas Jenderal Soedirman
ISSN : 14100797     EISSN : 24076562     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Dinamika Hukum Fakultas Hukum Universitas Jenderal Soedirman adalah jurnal terakreditasi nasional yang berfungsi sebagai media informasi dan komunikasi di bidang hukum. Jurnal Dinamika Hukum diterbitkan 3 kali dalam satu tahun yaitu bulan Januari, Mei dan September yang didalamnya memuat artikel ilmiah hasil penelitian, gagasan konseptual dan kajian lain yang berkaitan dengan Ilmu Hukum.
Arjuna Subject : -
Articles 690 Documents
 41   42   43   44   45 
THE IMPLEMENTATION OF LILIFUK CUSTOMARY LAW TOWARDS COASTAL ENVIRONMENTAL DEGRADATION OF KUPANG BAY Ranny Christine Unbanunaek; Jimmy Pello
Jurnal Dinamika Hukum Vol 16, No 3 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.3.540

Abstract

The kuanheun coastal communities have a customary law that help maintain coastal environmental sustainability resourceS called as lilifuk customary law(lilifuk atolan instrument). This research applied empirical method by formulating three problems: what are the values embedded in lilifuk customary law; how is the of lilifuk customary law contribution to prevent coastal environmental degradation; and how is the correlation between lilifuk customary law values and the law provision on coastal areas and small islands management.The result of the research identified the following; the first, Lilifuk customary law contains religious value, ecological value, communal value, social relations value, solidarity and responsibility value, social leadership value, and educational value. Second, the settlement of law violation by lilifuk customary law is conduted by the following steps: reporting; discussion; verdict; and  execution. Third, there is a correlation between the lilifuk customary lilifuk values and  WP3K Law values.Keywords: lilifuk customary law, environmental degradation, kupang bay 
THE EFFECTIVENESS OF KUNINGAN GOVERNMENT POLICY IN WATER CONSERVATION Suwari Akhmaddhian
Jurnal Dinamika Hukum Vol 17, No 3 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.3.835

Abstract

Preserving environmental functions particularly water resources conservation is a shared task between government and public to achieve environmental sustainability. The purpose of this paper is to examine the effectiveness of Kuningan government policy in conserving water resources. This study uses empirical juridical method with descriptive analysis. The data collection of primary data is done by observation, interviews with related institutions while secondary data are in the form of legislation and legal theories. This research takes place in Kuningan regency, West Java province. The data are analyzed to examine the effectiveness of Kuningan Government policies in water resource conservation. The results reveal that District Regulation Number 12 Year 2007 on Water Resources Conservation and Kuningan District Regulation Number 12 Year 2011 on the Implementation of Kuningan Botanical Gardens along with other related Regulations and Government policies in Kuningan Regency have been effectively implemented. It can be seen from the sufficiently given regulations as well as community participation.Keywords: effectiveness, policy, water conservation
LEGAL PROBLEMS OF DUALISM OF JUDICIAL REVIEW SYSTEM IN INDONESIA Pan Mohamad Faiz
Jurnal Dinamika Hukum Vol 16, No 2 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.2.535

Abstract

Indonesia implements dualism of judicial review system because there are two different judicial institutions that are granted the authority to review laws and regulations, namely the Constitutional Court and the Supreme Court. This research aims to analyse the problems caused by the dualism of judicial review system. It found two main legal problems of the current system. First, there is an inconsistency of decisions concerning judicial review cases for the same legal issues decided by the Constitutional Court and the Supreme Court. Second, there is no mechanism to review the constitutionality of People’s Consultative Assembly (MPR) decisions and regulations under the level of law. Based on these findings, this research suggests that the authority to review all laws and regulations should be integrated under the jurisdiction of the Constitutional Court.Keywords: Constitutional Court, Constitutional Review, Judicial Review
JUSTICE DIALOGUE IN THE PROCESS OF CRIMINAL JUSTICE Teguh Ujang Bureni
Jurnal Dinamika Hukum Vol 18, No 1 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.1.894

Abstract

Criminal justice upholds law and justice based on material truth revealed in justice dialogue. Nowadays, the verdict of criminal justice does not reveal material truth. It is strongly presumed that there are some problems in justice dialogue. This normative juridical research with philosophical and conceptual approach describes the problems of justice dialogue in the process of criminal justice. Justice dialogue happened in the case of Blasphemy by Ahok and the case of Cocoa Stealing by Mina. The implementation of justice dialogue today is not in line with the principles of dialogue such as doubtful assumptions, freedom to have dialogue, imbalance chance of dialogue, sufficient attention, and best idea acceptance. Dialogue principles are violated in the case of blasphemy like sufficient attention and best idea acceptance. In the case of cacao stealing, the breaking of dialogue principles is doubtful assumptions, freedom to have dialogue, sufficient attention, and best idea acceptance. As a result, law and justice enforcement in criminal justice is not based on material truth. Keywords: Dialogue Principles, Justice Dialogue, Criminal Justice.
RETHINKING LEGALITY OF STATE RESPONSIBILITY ON CLIMATE CHANGE IN INTERNATIONAL LAW PERSPECTIVES Mada Apriandi Zuhir
Jurnal Dinamika Hukum Vol 17, No 2 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.2.801

Abstract

Each state has sovereign right to explore and exploit their natural resources, however, it is also followed by state responsibility. This article examines the regime of state responsibility and the regime of climate change. State responsibility is applied to examine the implementation of international law toward climate change issues. This is a normative-juridical research by applying analytical descriptive approach. In the meantime, main data are secondary data (primary, secondary and tertiary legal materials). Then, the data were qualitatively analyzed. Based on the discussion it can be concluded that the regime of state responsibility in international law can be applied to the issue of climate change although this regime has limitations in its implementation. Therefore, it is advisable to have an independent and specific regime related to the state responsibility on climate change issues.Keywords: International law, climate change, state responsibility
MORALITY AND LAW: Critics upon H.L.A Hart’s Moral Paradigm Epistemology Basis based on Prophetic Paradigm Khudzaifah Dimyati; Absori Absori; Kelik Wardiono; Fitrah Hamdani
Jurnal Dinamika Hukum Vol 17, No 1 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.1.823

Abstract

The research focuses on a critism study of epistemologycal basis of the relation between law and morality in H.L.A. Hart’s rational paradigm. It is according to prophetic paradigm which is based on philosophical approach. According to the analysis, it is concluded that Hart’s opinion is based on the epistemological basic assumptions including the primary and secondary rules; Value/Ethics including epistemological ethics such as autonomous, individual, procedural, and relative ethics while the prophetic paradigm is based on the epistemological assumptions in which Relative Morailty is the result of creation and will of absolute reality. Meanwhile, Norm of morality means the reality should be created by the competent will through a delegate with epistemological ethics such as the combination between reality of society and apocalyptical values. Keywords: Moral Concepts, Prophetic Paradigm and Rational Paradigm
JUSTICE-BASED HEALTH LAW: STUDY OF PROFESSION EQUALITY-BASED JUSTICE ON SOCIAL JUSTICE Muhammad Taadi Samsuri; Khudzaifah Dimyati; A Absori
Jurnal Dinamika Hukum Vol 18, No 2 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.2.1082

Abstract

The realization of the right to health can be achieved through several different approaches, for example; the establishment of health policies or the implementation of programs established by World Health Organization (WHO), or the adoption of legal instruments. This research is a doctrinal normative law research, that is by reviewing and analyzing library materials or secondary data that examines the values of justice through statutory approach. As a complement, this research also uses case approach, through field study. The discussion uses John Rawls's justice concept with fairness justice to analyze the findings of both research related to the findings of legislation and field findings, with the conclusion that justice based health law based on profession equality based on social justice is realized with health law that reflects the values of justice, the right of professional equality as well as the value of social justice with the concept of justice as a fairness as a capable concept to adapt, so it needs an adaptive health law approach.Keywords: Health Law, Profession Equality, Social Justice
THE CONTROL OF LAND USE AND UTILIZATION IN KUPANG REGENCY THROUGH THE LAW FORMATION Wini Dina Retriani Lani
Jurnal Dinamika Hukum Vol 17, No 1 (2017)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2017.17.1.503

Abstract

Demand for land in Kupang Regency keeps increasing while the land availability is limited and the changes in the utilization continues. If it is not controlled, there will be a gap between economic orientation and the environmental sustainability. However, the control does not work due to the absence of legal instruments such as Regional Regulation which regulates this issue. To answer these legal issues, the researchers applied empirical juridical research methods while the analysis method is prescriptive juridical. The research shows that the control of land use and utilization in Kupang Regency is not effectively implemented because Regional Regulation of Detailed Spatial Plan of Regency and Spatial Plan of Strategic Area, the utilization license and the change of land use license have not been formulated. Moreover, an integrated license process is not effectively applied which caused several constructions are built prior to the license granted, unclear boundary between forest and non-forest area, incomplete data base of agriculture, farm, and absentee land.Keywords: control, land use, land utilization 
DISTINGUISHING CONSTITUTIONAL AND STATUTORY INTERPRETATION IN JUDICIAL REVIEW CASES: A BLURRED BOUNDARY LINE Bisariyadi, B
Jurnal Dinamika Hukum Vol 18, No 2 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.2.1980

Abstract

The establishment of the Constitutional Court to hold power of reviewing the constitutionality of Laws raises discourse on the distinction between constitutional interpretation and statutory interpretation. In judicial review cases, the separation, either in common law or civil law tradition, between the two interpretations is not clearly distinguished. The Indonesian Constitutional Court, in judicial review decisions, shows that the Court does not only interpret constitutional provision. In a number of decisions, the Court has put more emphasis on the use of statutory interpretation. The essay discusses the Constitutional Court practice in the use of constitutional interpretation and statutory interpretation on judicial review cases.Keywords: Constitutional Court, judicial review, constitutional interpretation, statutory interpretation.
OFFICIAL RESPONSIBILITY AND PERSONAL RESPONSIBILITY IN THE CONTEXT OF STATE FINANCIAL LOSS Hariyanto, H
Jurnal Dinamika Hukum Vol 18, No 1 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.1.1861

Abstract

State financial Management which raises state's financial losses shows that there is a separation between official responsibilities and personal responsibility. The limits for determining the distinction of personal responsibility and official responsibilities when there is a state financial loss are the presence of mens rea (inner attitude and malicious intent) and maladministration. National Audit Board Report (LHP BPK) is used to determine the transition of official responsibilities into personal responsibilities in relation to the findings of unlawful acts, misuse of authority, opportunities or means available to them due to position. This is in line with the objective of settling the financial losses of the state from the legal aspects of state administration which emphasize the restoration of state financial losses, although the penalty can be cumulative with criminal, civil and administrative penalties. Keywords:   state finance, official responsibilities and personal responsibility, mens rea, maladminis-tration

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